- What if I believe I can’t afford to pay the filing fees for a particular action?
- I have no money for an attorney. What can I do?
- Who do I contact for help in choosing an attorney?
- I can’t come to Court on the date of the hearing. How do I get a new date?
- I have not received my child support and/or spousal support check. Who do I call to find out the status of these payments?
- How do I contact the Lake County Child Support Enforcement Agency (CSEA)?
- My ex spouse and I have agreed that we do not want the Child Support Enforcement Agency to handle our child support. Can we agree that the payments be made directly between the two of us?
- My former spouse is not paying child support.
My former spouse is not paying spousal support.
My former spouse will not let me visit with the children as ordered.
My former spouse is not doing what was ordered in the divorce decree.
What do I do? - My former spouse is not paying his or her fair share of the children’s medical bills.
- I need my child support changed.
I lost my job and I need my child support reduced.
I need more child support.
What can I do? - How can I find out my hearing date?
- Can I call the Court with questions about my case?
- What do I do if I change employment?
- How do I get a transcript of a hearing?
- Where can I get copies of my Court papers?
- How can I get a Civil Protection Order?
- My marriage is not working out. What can I do to end it?
- What are the differences between divorce and dissolution?
- What happens in an annulment?
- How long must I live in Ohio before I can get a divorce?
- What are grounds for divorce in Ohio?
- I have been a resident of Ohio for at least six (6) months and my lawyer has just filed my complaint for divorce. What can I expect next?
- My spouse and I are not getting along, but I do not want a divorce. What can I do to make sure that I have custody of my children and support for them and myself?
- May I have a jury trial in a divorce case?
- Who will hear my case?
- What are hearings before a Magistrate and how do they differ from hearings before Judges?
- My children are only three (3) and five (5) years old. What if circumstances change in the future and decisions we make today regarding custody, parenting time and support are no longer appropriate when they are thirteen (13) and fifteen (15) for example?
- Since I filed my complaint for divorce, my spouse and I have begun to talk and I think we have reached an agreement. My spouse would like to get a dissolution of marriage and not a divorce. Is it too late or can we change our divorce to a dissolution of marriage?
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What if I believe I can’t afford to pay the filing fees for a particular action?
A party may apply for a waiver for filing fees by filing an Affidavit of Indigence which is subject to Court approval in accordance with Local Rule 20.03.
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- I have no money for an attorney. What can I do?
If you are summoned to appear in Court on a charge of Contempt where you may be subject to a fine and/or imprisonment or on a Motion to Impose Sentence, the Court may appoint an attorney for you. To have an attorney appointed, you must obtain an Affidavit of Indigence form from the Court, complete the form, have it notarized, and submit it to the Court prior to your hearing date.
On matters where you are not subject to a fine and/or imprisonment, you are not entitled to the appointment of counsel. You may represent yourself. However, the Court cannot help you or your former spouse with the presentation of your case or give you legal advice.
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- Who do I contact for help in choosing an attorney?
The Lake County Bar Association’s Lawyer Referral Service may be able to assist you in obtaining an attorney. For additional information, call the Lake County Bar Association Office at 440-352-6044.
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- I can’t come to Court on the date of the hearing. How do I get a new date?
You can file a Motion for Continuance pursuant to Local Rule 7. Please understand that just because you file a Motion for Continuance that does not mean that it will be granted. Continuances are not always granted. You must contact the Court at 440-350-2708 or check the docket at the Lake County Clerk of Courts which is available on the Internet at www.lakecountyohio.org/clerk2 to see if the motion is granted. If the motion is denied, the hearing will go forward as scheduled even if you are not present.
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- I have not received my child support and/or spousal support check. Who do I call to find out the status of these payments?
The Court does not keep track of or send support checks. All support checks are issued through the Ohio Child Support Payment Center, P.O. Box 182372, Columbus, Ohio 43218-2372. You may call 1-800-860-2555 to see if a payment has been posted to your account.
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- How do I contact the Lake County Child Support Enforcement Agency (CSEA)?
You may contact the Lake County Child Support Enforcement Agency at 440-918-4000 (Cleveland line); 440-298-3357 (Madison line) or 440-350-4000 (Painesville line) to speak with a representative of the Agency.
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- My ex spouse and I have agreed that we do not want the Child Support Enforcement Agency to handle our child support.
Can we agree that the payments be made directly between the two of us?
No. Ohio Law requires that all child support must be made through the child support system and that neither the Court nor the parties can waive this requirement. As a result, all child support orders will require payments through this system.
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- My former spouse is not paying child support.
My former spouse is not paying spousal support.
My former spouse will not let me visit with the children as ordered.
My former spouse is not doing what was ordered in the divorce decree.
What do I do?The way to bring any of these problems to the attention of the Court is to file a Motion to Show Cause in accordance with Local Rule 3.04. After your motion is served on your former spouse, the motion will be set for hearing. You will be given a chance at the hearing to present your evidence to support your motion. However, please understand that you will be required to present this evidence in accordance with the Ohio Rules of Evidence and all applicable state and local rules. During the hearing, the Judge or Magistrate cannot help you or your former spouse with the presentation of your case.
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- My former spouse is not paying his or her fair share of the children’s medical bills.
If you have an Order as to how the medical bills are to be divided, file a Motion to Show Cause. If you do not have an Order as to how medical bills are to be divided, you will need to file a motion to establish an Order to share the medical expenses.
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- I need my child support changed.
I lost my job and I need my child support reduced.
I need more child support.
What can I do?You can contact the Lake County Child Support Enforcement Agency at 440-918-4000 (Cleveland line); 440-298-3357 (Madison line) or 440-350-4000 (Painesville line) and ask that they review your case for a possible modification, or you can file a Motion to Modify Child Support with the Court.
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- How can I find out my hearing date?
You may call the Court at 440-350-2708 or check the docket at the Lake County Clerk of Courts which can be accessed through the Lake County Clerk of Court’s website at www.lakecountyohio.org/clerk2 .
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- Can I call the Court with questions about my case?
While Judge Falkowski wishes to be responsive to individual questions or concerns, both the Judge and employees of the Court are prohibited by the Canons of Judicial Ethics from communicating privately with either side of the case on a matter that may come before the Court. For this reason, the Court cannot accept phone calls or e-mails wishing to discuss the facts of your particular case.
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- What do I do if I change employment?
If you are the obligor (i.e. the person who is ordered to pay support) you are required by law to notify the Lake County Child Support Enforcement Agency if you change employment. Also, if you are unemployed and have been placed under an order to attend a Parent Opportunity Program, you must report any new employment immediately so that a wage deduction can be processed. You may report your employment by contacting the Lake County Child Support Enforcement Agency at 440-918-4000 (Cleveland line), 440-298-3357 (Madison line), or 440-350-4000 (Painesville line) and speak to a representative of the Agency.
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- How do I get a transcript of a hearing?
To request a transcript, or to inquire as to the cost of a transcript, call the Court at 440-350-2708 and ask to speak to the Court Reporter.
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- Where can I get copies of my Court papers?
Copies of court papers can be obtained from the Lake County Clerk of Courts Office located in the lower level of the Lake County West Annex at 25 North Park Place, Painesville, Ohio 44077. For additional information, call the Lake County Clerk of Court’s Office at 440-350-2556 or access the Lake County Clerk of Court’s website at www.lakecountyohio.org/clerk2.
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- How can I get a Civil Protection Order?
Civil Protection Order forms and procedures for filling out such forms can be accessed through the Lake County Clerk of Court’s website at www.lakecountyohio.org/clerk2.
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- My marriage is not working out. What can I do to end it?
In Ohio, marriages are terminated through court actions of divorce, dissolution, or annulment. Death and a presumption of death will also end a marriage. A presumption of death is an unexplained continuous absence from the home for a full seven (7) years.
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- What are the differences between divorce and dissolution?
A divorce is a court ordered termination of the marriage based upon the court finding that certain grounds for the divorce exist.
A dissolution of marriage is a proceeding in which the parties agree that the marriage should be ended and have agreed to all necessary terms of the termination of the marriage, such as marital property division, spousal support, parental rights and responsibilities and child support.
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- What happens in an annulment?
An annulment is different from both a divorce and a dissolution in that the Court determines that the marriage is legally invalid. Therefore, a marriage never existed. The grounds for an annulment include an underage marriage, bigamy, mental incompetence of one of the parties, fraud, duress or non-consummation of the marriage.
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- How long must I live in Ohio before I can get a divorce?
Ohio law requires that the Plaintiff (i.e. the person filing the complaint for divorce) be a resident of the State of Ohio for at least six (6) months immediately preceding the filing of the complaint. This requirement can not be waived.
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- What are grounds for divorce in Ohio?
Ohio has two (2) major categories for a divorce, no fault and fault. No fault grounds include incompatibility unless denied by the other party and living separate and apart without cohabitation for one (1) year.
There are nine (9) fault grounds in Ohio that include bigamy, willful absence from the marital home for one (1) year, adultery, extreme cruelty, fraudulent contract, any gross neglect of duty, habitual drunkenness, imprisonment of the adverse spouse and an out-of-state divorce.
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- I have been a resident of Ohio for at least six (6) months and my lawyer has just filed my complaint for divorce. What can I expect next?
After your spouse is served with the complaint, notice will be given that the matter has been set for a case management conference. Prior to the case management conference, if you request, and the Court finds it appropriate, the Court may order child support and/or spousal support during the pendency of the divorce.
At the case management conference, issues in your divorce regarding your spouse’s property, your property, and your children will be discussed.
Your case will be set for trial. If it appears necessary to the Court, or if counsel requests, a guardian ad litem may be appointed for the children, the matter may be sent to mediation, or expert witnesses may be determined necessary to fully explore all of the issues in the case.
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- My spouse and I are not getting along, but I do not want a divorce. What can I do to make sure that I have custody of my children and support for them and myself?
The Domestic Relations Court may grant a legal separation on a complaint on a fault or no fault basis. As with a divorce, the no fault provisions are either incompatibility, unless denied by the other party, or living separate and apart without cohabitation in excess of one (1) year.
The fault provisions are nearly the same as for a divorce: bigamy, willful absence of the marital home for one (1) year, adultery, extreme cruelty, fraudulent contract, any gross neglect of duty, habitual drunkenness, and imprisonment of the adverse spouse.
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- May I have a jury trial in a divorce case?
No. Ohio does not permit jury trials in divorce cases.
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- Who will hear my case?
Your case will be heard by the Judge or a Magistrate. A Magistrate is a court appointed judicial officer whose job it is to hear all of the facts, reach conclusions of law and issue a written decision.
If you disagree with the Magistrate’s Decision, you can file written objections. Objections to the Magistrate Decision must comply with the requirements set forth in Ohio Civil Rule 53(E)(3).
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- What are hearings before a Magistrate and how do they differ from hearings before Judges?
The Magistrate acts as the Judge in assigned cases. This allows the Judge to handle more cases more quickly. If your case is assigned to a Magistrate, he or she will hear the evidence and make written findings of fact in a Magistrate’s Decision. In the Magistrate’s Decision, the Magistrate makes recommendations to the Judge as to what the ultimate order in the case should be. The Judge reviews the Magistrate’s Decision before making the final order in your case.
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- My children are only three (3) and five (5) years old. What if circumstances change in the future and decisions we make today regarding custody, parenting time and support are no longer appropriate when they are thirteen (13) and fifteen (15) for example?
The Domestic Relations Court in Ohio retains jurisdiction over the issues of allocation of parental rights and responsibilities until each child is emancipated. Allocation of parental rights and responsibilities includes custody and parenting time. Should circumstances change, and upon the filing of the proper motion, the Court will consider the life changes and the prior decree and make a decision based on the best interests of the children.
Should circumstances change, child support may be modified after the divorce upon the filing of the proper motion. Under certain circumstances spousal support can also be modified after the divorce, if jurisdiction has been retained.
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- Since I filed my complaint for divorce, my spouse and I have begun to talk and I think we have reached an agreement. My spouse would like to get a dissolution of marriage and not a divorce. Is it too late or can we change our divorce to a dissolution of marriage?
Upon the filing of a proper motion, the Court may order the matter converted from a divorce to a dissolution.
By the same token, if a dissolution of marriage is filed, but one of the parties does not wish to proceed with a dissolution at the time of the hearing, the matter can be converted to a divorce.